Legal Question in Business Law in Massachusetts
Breech of verbal agreement
If a verbal contract is breeched can I bring it to small claims court? The person that has breech or contract owes me about $5,000.00.
3 Answers from Attorneys
Re: Breech of verbal agreement
In addition to the other two comments, you should consider whether the other person has any defenses or counterclaims. That is, does the other person have any valid ground for not paying? (I assume from the way you pose your question that you don't think so, but would a third party believe you or the other person on that point?) Likewise, if the other person feels that you have damaged them in some way, they could raise a counterclaim if you initiate litigation.
...which is not to say you shouldn't do it, but just realize that there could action on the part of the other person.
In any event, it is more difficult to prove a verbal contract than a written contract (in general), which is why we always recommend to put down agreements in writing, signed by both parties, even if you cannot have an attorney review them.
Breach of verbal agreement
Small claims court has a limit of 2,000$. If you want to bring such an action, also check if you have a consumer fraud possibility. Such an action lies in the District Court for amounts over 2,000.
If you need further assistance, contact me.
Re: Breech of verbal agreement
What did the contract involve? Most verbal contracts are enforceable, assuming you can prove the contract existed and what the governing contract terms were. But, in limited cases, you need a written contract to enforce a breach. What did this contract involve? Contact me for help.